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SB845

Immunity of persons; tort actions, assertion of immunity, attorney fees and costs.

Status:
Enacted

Chief Patron:
Chap Petersen (D)

Session:
2023 Regular Session

Summary

As Passed Both Chambers. Immunity of persons; tort actions; assertion of immunity; attorney fees and costs.

Provides that a person shall be immune from tort liability if the tort claim is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person that are communicated to a third party; (ii) made at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body; or (iii) made by an employee against his employer and where retaliatory action against an employee by such employer is otherwise prohibited by law. The bill also provides that any person who prevails in such a legal action may be awarded reasonable attorney fees and costs. This bill is identical to HB 1757. (Less)
  • Bill History

  • 12/28/2022 - Senate: Prefiled and ordered printed; offered 01/11/23 23102261D
  • 12/28/2022 - Senate: Referred to Committee on the Judiciary
  • 01/20/2023 - Senate: Assigned Judiciary sub: Civil Law
  • 01/25/2023 - Senate: Reported from Judiciary (12-Y 0-N)
  • 01/27/2023 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 01/30/2023 - Senate: Read second time and engrossed
  • 01/31/2023 - Senate: Read third time and passed Senate (39-Y 0-N)
  • 02/09/2023 - House: Placed on Calendar
  • 02/09/2023 - House: Read first time
  • 02/09/2023 - House: Referred to Committee for Courts of Justice
  • 02/10/2023 - House: Assigned Courts sub: Subcommittee #2
  • 02/13/2023 - House: Subcommittee recommends reporting with amendments (7-Y 1-N)
  • 02/20/2023 - House: Reported from Courts of Justice with amendment(s) (16-Y 4-N)
  • 02/22/2023 - House: Read second time
  • 02/23/2023 - House: Read third time
  • 02/23/2023 - House: Committee amendment agreed to
  • 02/23/2023 - House: Engrossed by House as amended
  • 02/23/2023 - House: Passed House with amendment (77-Y 19-N)
  • 02/23/2023 - House: VOTE: Passage (77-Y 19-N)
  • 02/23/2023 - Senate: House amendment rejected by Senate (0-Y 40-N)
  • 02/23/2023 - House: House insisted on amendment
  • 02/23/2023 - House: House requested conference committee
  • 02/23/2023 - Senate: Senate acceded to request (38-Y 0-N)
  • 02/23/2023 - Senate: Conferees appointed by Senate
  • 02/23/2023 - Senate: Senators: Petersen, Deeds, Obenshain
  • 02/23/2023 - House: Conferees appointed by House
  • 02/23/2023 - House: Delegates: Bell, Campbell, J.L., Maldonado
  • 02/24/2023 - Conference: Amended by conference committee
  • 02/24/2023 - Senate: Conference substitute printed 23107516D-S1
  • 02/24/2023 - Senate: Conference report agreed to by Senate (40-Y 0-N)
  • 02/24/2023 - House: Conference report agreed to by House (92-Y 1-N)
  • 02/24/2023 - House: VOTE: Adoption (92-Y 1-N)
  • 03/07/2023 - Senate: Enrolled
  • 03/07/2023 - Senate: Bill text as passed Senate and House (SB845ER)
  • 03/08/2023 - Senate: Signed by President
  • 03/08/2023 - House: Signed by Speaker
  • 03/13/2023 - Senate: Enrolled Bill Communicated to Governor on March 13, 2023
  • 03/13/2023 - Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
  • 03/24/2023 - Governor: Approved by Governor-Chapter 463 (effective 7/1/23)
  • 03/24/2023 - Governor: Acts of Assembly Chapter text (CHAP0463)